Jury set to decide outcome of Elon Musk’s blockbuster lawsuit against OpenAI

Jury deliberations are set to begin Monday in the high-stakes trial between Elon Musk and OpenAI, with Musk accusing the ChatGPT maker and chief executive Sam Altman of betraying the company’s founding mission.

The three-week trial in Oakland, near San Francisco, has featured testimony from several prominent Silicon Valley figures as Musk argued that OpenAI abandoned its original nonprofit purpose in favour of profit and commercial expansion.

Musk, the world’s richest person, claims OpenAI improperly transformed itself from a nonprofit research organisation into one of the world’s most valuable private companies, now reportedly valued at around $850 billion after leading the artificial intelligence boom sparked by ChatGPT’s release in 2022.

According to Musk, Altman and OpenAI co-founder Greg Brockman misused the $38 million he donated to support AI research intended to benefit humanity rather than enrich investors.

Judge Yvonne Gonzalez Rogers told jurors the case may ultimately hinge on credibility — deciding whom to believe among the feuding tech billionaires.

During closing arguments, Musk’s lawyer Steven Molo accused Altman of abandoning OpenAI’s founding ideals, while OpenAI attorney Sarah Eddy countered by questioning Musk’s own credibility and motivations.

The trial has also revisited tensions inside OpenAI, including Altman’s brief ouster by the company’s board in November 2023 over concerns about transparency before he was reinstated after employee backlash. Allegations about internal manipulation and toxic workplace culture surfaced repeatedly during proceedings.

One key issue for the nine-member jury is whether Musk filed the lawsuit within the legal time limit. Musk sued OpenAI in 2024, four years after his last contribution to the organisation. Judge Rogers said the jury’s finding on that issue would be advisory, though she indicated she would likely follow it.

If the case proceeds, jurors will then consider whether OpenAI’s leadership broke promises made to Musk and improperly shifted the organisation toward a commercial structure. Musk is seeking to force OpenAI back to a nonprofit model — a move that could derail the company’s plans for a future public offering and disrupt relationships with major investors including Microsoft, Amazon and SoftBank.

The jury will also examine whether Microsoft, which has committed about $13 billion to OpenAI, knowingly supported the company’s move away from its nonprofit roots.